How to Create an LLC in New Hampshire

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How to Form an LLC in New Hampshire:
5 Simple Steps to Get Started
According to the IRS, each state may use different regulations around forming an LLC, and you should check with your state if you’re interested in starting a Limited Liability Company. To simplify the process of forming an LLC in the state of New Hampshire, we’ve put together a step-by-step guide to detail each step of the process and answer any questions you may have.

Step 1
Name Your New Hampshire LLC

Your first consideration when choosing a name for your LLC is that it be unique from any other business in the state of New Hampshire. You can quickly and easily do a name check on the New Hampshire Secretary of State website business name database to verify the business name you want is available. For a $15 fee, you can reserve a name for 120 days by filing an Application for Reservation of Name by mail.

In order to comply with New Hampshire state law, your company’s name must contain some form of the term “Limited Liability Company.” This can appear as the whole phrase written out or the abbreviations “LLC” or “L.L.C.”; if you wish, you can also include a space between each of the letters in either abbreviation (“L L C” or “L. L. C.”). New Hampshire also allows you to include the name of a member or manager in your LLC name, as well as any of the following words or their abbreviations: “Company,” “Association,” “Club,” “Foundation,” “Fund,” “Institute,” “Society,” “Union,” “Syndicate,” “Limited,” and “Trust.”

Step 2
Appoint a Registered Agent in New Hampshire

The state of New Hampshire requires that any LLC have a registered agent for service of process. This means your LLC must have an entity that agrees to physically accept any legal papers on the company’s behalf should it be sued. This entity does not have to be an individual person. The registered agent can be any resident of the state of New Hampshire or a business entity authorized to do business in New Hampshire so long as the agent has a physical street address within the state.

Step 3
File New Hampshire Certificate of Formation
To officially create your LLC in the state of New Hampshire, you’ll need to complete the Certificate of Formation of a New Hampshire Limited Liability Company form and file it with the New Hampshire Secretary of State. For a $100 fee, this can be done online or by mail. To complete this form, you will need to know the following:
  1. The final name, address, phone number, and email address of your LLC
  2. The name and address of the company’s registered agent
  3. Whether the LLC will be manager-managed or member-managed
  4. Names, titles, and addresses of managers and/or members
*You must also include an addendum to the certificate with a statement that you have complied with New Hampshire securities laws.

Step 4
Create an Operating Agreement

You may want to consider preparing an operating agreement to outline the ownership and operating procedures for your LLC. Though not required by the state, an operating agreement will set the guidelines for running your company. This does not need to be filed with the state, but it can go a long way toward ensuring your company’s success.

Step 5
Apply for an EIN and Review Tax Requirements

An IRS Employer Identification Number (EIN) is required of your LLC unless it is a single-member LLC with no employees. Obtaining an EIN is as easy as completing the application on the IRS website.

It’s possible your company will need to register with the New Hampshire Department of Revenue Administration (DORA). Whether or not your company needs to follow this step will depend on the exact types of taxes it will be collecting and/or has been collecting from the state. New Hampshire also imposes unique taxes on LLCs based on their income. Check with the DORA website for more information.

There’s no sales tax in New Hampshire, so you won’t need to register for a sellers permit. However, if you have employees, you’ll have to register for Unemployment Insurance Tax on the New Hampshire State website.

Other Considerations
Foreign LLCs and Business Licenses
Foreign LLCs

If your company is a foreign LLC, also referred to as an out-of-state LLC, wanting to do business in the state of New Hampshire, you’ll need to follow all the steps outlined above with a few minor differences.

You will need to file an Application for Foreign Limited Liability Company Registration with the New Hampshire Department of State Division of Corporations as well as a Certificate of Existence from your LLC’s domestic or home state. The Certificate of Existence must date back no more than 90 days prior to filing.

The filing fee is the same: $100.

Business Licenses

The location of and specific type of business you are creating can potentially require additional federal, state-authorized, and/or local business licenses.

Visiting New Hampshire's Online License Application/Renewal Service and the New Hampshire Economic and Labor Market Information Bureau website can help you procure the appropriate licensing.

There isn’t one central location where you can check to see if your business has everything it needs to be compliant. Do some careful research to find out what licenses and permits you need or hire a professional service to do it for you.

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